EEOC to Crack Down on Anti-American National Origin Discrimination
On February 19, 2025, Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), Andrea Lucas, announced that the agency will prioritize enforcement against national origin discrimination targeting American workers. This renewed focus will shape the EEOC’s compliance efforts, investigations, and litigation strategies going forward.
(Source: EEOC Newsroom, “EEOC Acting Chair Vows to Protect American Workers from Anti-American Bias,” Feb. 19, 2025.)
Lucas made the agency’s stance clear:
“The EEOC is putting employers and other covered entities on notice: if you are part of the pipeline contributing to our immigration crisis or abusing our legal immigration system via illegal preferences against American workers, you must stop. The law applies to you, and you are not above the law. The EEOC is here to protect all workers from unlawful national origin discrimination, including American workers.”
The Commission plans to address practices that undermine American workers by targeting employers, staffing agencies, and others who prioritize foreign labor illegally. According to the EEOC, the goal is to “help deter illegal migration and reduce the abuse of legal immigration programs by increasing enforcement of employment antidiscrimination laws against employers that illegally prefer non-American workers, as well as against staffing agencies and other agents that unlawfully comply with client companies’ illegal preferences against American workers.”
The EEOC identified several invalid justifications employers commonly use to prefer foreign workers over Americans, including:
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Seeking lower-cost labor (such as paying undocumented workers off the books or using visa loopholes);
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Exploiting a workforce perceived as less likely to understand or assert their legal rights;
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Citing customer or client preferences; and
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Relying on biased assumptions that foreign workers are more productive or have a stronger work ethic than Americans.
Legal and Financial Risks
Under Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating based on national origin. Those found in violation may be liable for back pay, front pay, compensatory and punitive damages, attorneys’ fees, and—in some cases—court-ordered changes to hiring practices, reinstatement of workers, and mandatory reforms to prevent further discrimination.
This isn’t just talk—the EEOC is already acting. On February 14, 2025, it filed a lawsuit in the U.S. District Court for the District of Guam against LeoPalace Guam Corporation, operating as LeoPalace Resort. The agency alleged the resort provided inferior pay, benefits, and working conditions to non-Japanese employees, including those of American national origin, compared to their Japanese counterparts.
(Case: U.S. Equal Employment Opportunity Commission v. LeoPalace Guam Corporation dba LeoPalace Resort and Does 1-5, Civil No. 1:25-cv-00004.)
The case was settled on February 19, 2025, with LeoPalace agreeing to pay $1,412,500 and to implement injunctive measures. These include hiring an external EEO monitor, overhauling internal policies, and facilitating reinstatement opportunities for former employees.
What Employers Should Know
This shift in enforcement priorities could have major implications for industries that heavily rely on immigrant labor, such as agriculture, construction, hospitality, and healthcare. Employers should expect heightened scrutiny of hiring practices and employment policies that might suggest bias—whether intentional or not—based on national origin or citizenship status.
To stay compliant, employers should:
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Review their hiring and employment policies for potential bias;
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Ensure citizenship or visa status is not being used improperly in employment decisions;
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Seek legal counsel to stay ahead of regulatory changes and enforcement trends.
With the EEOC intensifying its focus, now is the time for employers to double-check that their practices align with federal anti-discrimination laws. Our DC employment lawyers are here to assist employees and employers alike in these frequently moving regulations.